In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...

Our recently released Class Action Risk 2016 report highlights the effect of lawyer and funder entrepreneurialism on the class action landscape Last weeks decision in the ongoing confidentiality dispute between IOOF Holdings Limited and Maurice Blackburn has provided a rare insight into the way ...

In a recent decision, the High Court considered that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims ...

A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...

Class action settlement negotiations are often hindered by uncertainty about the number and identity of potential claimants A recent decision of the Supreme Court of NSW has paved the way for defendants to achieve greater certainty in respect of unregistered class members at an earlier stage than ...

Allens have gathered and analysed data which identifies some interesting trends that run counter to some of the typical commentary surrounding class actions in the media. ...

The Victorian Law Reform Commissions inquiry into litigation funding and group proceedings provides an important and timely opportunity to reflect on the current operation of our class action regime The regime recognises and was designed to balance competing interests We believe more can be done to ...

The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed The latest in a series of judgments where the courts have grappled with the problem of competing class actions Justice Lees decision ...

As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...

The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...